Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission?
MultiRegion, United States of America
The following excerpt is from U.S.A v. Ferranti, No. 10-771-cr (2nd Cir. 2011):
sentence reduction because his sentence was "'based on a sentencing range that was subsequently lowered by the sentencing Commission'" is reviewed de novo "because [such a] determination is a matter of statutory interpretation." United States v. Main, 579 F.3d 200, 202-03 (2d Cir. 2009) (quoting United States v. Williams, 551 F.3d 182, 185) (2d Cir. 2009)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
Is a defendant entitled to a reduced sentence based on the current sentencing guidelines? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
What factors must a court consider when sentencing a defendant to a reduced sentence under section 3553(a) of the Criminal Code? (MultiRegion, United States of America)
Is there a difference in the sentencing range between a non-appealing co-defendant and an appealing defendant? (MultiRegion, United States of America)
Is a defendant's prior sentence imposed in a related case considered "related" if they are sentenced to two concurrent sentences by the same judge at the same hearing? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
Can a sentencing court impose a restitutionary sentence on a defendant who is indigent at the time of sentencing? (MultiRegion, United States of America)
Is a defendant entitled to a reduced sentence because the sentencing was too lenient? (MultiRegion, United States of America)
Can a defendant who has pleaded guilty to a charge of possession of Class A drugs receive a reduced sentence based on the amount of drugs he took under a plea agreement? (MultiRegion, United States of America)
